Overview
- A bench of Justices Sanjay Kumar and Alok Aradhe held that threatening a witness to give false evidence under Section 195A IPC is a cognisable offence.
- The ruling rejects Kerala and Karnataka High Courts’ interpretations, finding them erroneous and unsustainable.
- Police powers under Sections 154 and 156 CrPC apply, and Section 195A CrPC is an optional additional route for a magistrate complaint.
- In the Kerala case, the Supreme Court set aside the High Court’s order and directed the accused to surrender within two weeks, with liberty to seek bail afresh.
- The Court restored a Dharwad magistrate’s 2020 cognisance in a CBI murder matter, underscoring the need for immediate investigation when witnesses are threatened.